A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around 00:00 on July 5, 2016, the Defendant took drinking together with other people, including the Defendant’s woman-friendly Gu and the victim D (V, 20 years of age) who is the Defendant’s 302 female-friendly Gu office, Gyeyang-gu, Seongbuk-gu, 1, 302, and the Defendant’s female-friendly Gu.

At around 03:00 on the same day, the Defendant, as well as the victims who were drinking together, had other women's daily behaviors drink with each other, and they drink one-hour drinking together with each other, and on the same day, around 04:00 on the same day, and the Defendant was a room in which women's family members were able to do so, and E became a different room.

Accordingly, the Defendant was able to have sexual intercourse with the victim under the influence of alcohol in the side room of the Defendant, and entered the room where the victim was her, and was her in the room where the victim was her own, and was her panty, and the Defendant was discovered to E after hearing sound from the victim's bar and panty.

The defendant, under the influence of alcohol, she was able to go back to the female-friendly room of the defendant, and she entered the room where she was the victim again, and tried to have sexual intercourse with the victim after she went out of the victim's panty and panty, and tried to have sexual intercourse with she again.

In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist, but did not have been aware of the victim E and did not have the intention to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;